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S Easement - William H Breeze Sr. for Deed of Agricultural Conservation Easement
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S Easement - William H Breeze Sr. for Deed of Agricultural Conservation Easement
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Last modified
3/14/2012 9:06:04 AM
Creation date
3/14/2012 8:39:32 AM
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BOCC
Date
6/21/2012
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
5l
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I ~~~ IM <br />,~ <br />any ~xisting obligation of the Gr~ntor as owner of the Property. Arnong ot~-er things, this shali <br />~pply to: <br />(a) Taxes - The Grantor shall continue to be sately responsible for p~yment of all <br />ta~ces and ~ssessments levied against the Property. If Grantee is ever required to pay any t~ces or <br />assessments on its interest in the Property, the Grantor will rcimbursE Grantee for the same. <br />(b) Upkeep and Maintenance - The Grantor retains all responsibilities and shatl bear <br />all costs and liability of any kind related to the ownership, opcration, and upkeep and <br />maintenance of ttte Property, including the maintenance of adequate comprehensive general <br />li~bi}ity insurance coverage. Grentee, NCDACS, and the United States shall have no obligstion <br />for the upkeep or m~intenance of the Property. Gr~nntor will remain respon~ible for upkeep, <br />maintenance, and repairs to any impoundments located on the Fraperty. <br />(c) Liability and Indemnification - Grantor agrces to indemnifjr and hold GranteE, <br />NCDACS, and the United States harmless from any and all cos~s, claims or liability, including <br />but not limited to reasanablo attameys' fees arising from ~ny persanal ir~jury, accidents, <br />negligence ar damage r~l~ting to the Property, ar any claim thereof, unless due to the t~egligence <br />of Grantee or agents of Gr~nteo, in virhich case liability sh~ll be as provided hy law. In eddition, <br />Grantor agrees to rnaintain liability insurance covering the Property with the litnits as follows: (i) <br />$300,00(1 per person for persorr~l i~,jury or death, 5304,000 per occurrcnce, mnd (ii) S3U0,000 per <br />occurrence for property darnage; and w~t that Grantee is and will rem~in a nam~d insurcd on <br />Gr~ntor's property insur~nce policies covering thc Property. Grantor a}tall provide Gr~ntee with <br />a ccrtificate of inswance coverage on the ef~'ectivic e~te of this Canscrvation Easement and within <br />10 days of each insu~ce renew~tl date. <br />(d) Baseline Docurnentation Repvrt - Tt~e Gr~ntar and Gr~ntee agree that the natural <br />characteristics, the ecological and aesthetic features, the phys~cal and manmadc conditrans, the <br />present uses ~nd the Conservation Values of the Prc~~perty on the d~te of this Deed of <br />Conservation F.ssement are docummted in ~ Baseline Document~tion Report, prepared by the <br />Grantee and signed and ~cknovwkdged by t}~e Grantor and a representative of Grantee, <br />establishing the condition of the Property on the date of this Deed of Canserv~tion Easemcnt and <br />including reports, maps, photographs and ot}~er documcntation. A eopy of this Report is <br />maintained at the office of the Grantee. The Bas~line Documentation Report is incorporated into <br />this Conservation F,asement Deed by reference. <br />The Grantce may use ttte Baseline Documentation Report in enforcing pravisions <br />of this Deed of Conserv~tion EasGment, but is nat limited to the use of the Baseline <br />Documentation report to show a change of conditions. Gr€~ttee's responsihilities incluc~e hut are <br />nat limiEed to: <br />1) Maintaining the Baseline Documentation Repart and annualiy monitoring <br />the Property in accord~nncc with applicable policies ~nd guidelines <br />Fage 12 of 22 <br />
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